A landmark inheritance case that went all the way to the High Court confirms that the correct test for mental capacity, when making a will or looking to contest one, is that in the 1870 case of Banks v Goodfellow and not the subsequent test set out in the Mental Capacity Act 2005.
Following the death of the ecologist, Elizabeth Walker, Mr Weston, a contentious probate partner at Birmingham law Firm MFG, claimed a victory, after a four year legal battle, when he won the case for Michael Badmin to uphold his right to inherit under the will of his partner.
The claim that was brought by Ms Walker’s daughters argued that the will should be overturned because their mother was in an ‘irrational’ and ‘delusional’ state when she drew up the will that left money to IT analyst Mr Badmin, who was 23 years her junior.
Although Ms Walker’s mental powers had declined by the time she signed the will Judge Nicholas Strauss QC ruled this had not impaired her ‘testamentary capacity’.
Mr Weston, said: “This was a very sad case, not to mention a very complicated and long-running one. It is rare for cases to go all the way to trial like this.
"This will have an impact on future cases where family members try to suggest that any changes to a will made while someone is terminally ill may not be valid on grounds of mental capacity.
"A will is the way in which someone sets out what they want to happen after they die. Ultimately, what we have been able to prove is that Ms Walker knew precisely what she was doing, despite her illness, when she made her decision to leave most of her fortune to Mr Badmin."
